Items with a star (*) and gray background have been modified from previous record.

Question Number 5:

01/31/2007 - Current

Question

*Section 475(1)(C) of the Social Security Act states that the case plan must include "the most recent information available" regarding the health and education records of the child. How can a State meet the requirements in order to continue eligibility for Federal financial participation (FFP) if the records are not available?

Answer

*States are required under this provision to include the child's most recent available health and educational records in the child's case plan. If the information is unavailable as a result of Federal or State confidentiality restrictions or for any other reason, the State should explain this in the case plan and describe the steps being taken to obtain such records. Including recent health and education records in a case plan is a State plan requirement, rather than a title IV-E eligibility criterion upon which FFP is conditioned. Therefore, we may determine whether the State is in substantial compliance with this requirement through a Child and Family Services Review or a partial review (45 CFR 1355.32 and 1355.34).

Source/Date

*01/29/07

Legal and Related References

*The Safe and Timely Interstate Placement of Foster Children Act of 2006 (P.L. 109-239); 475(5)(C) of the Social Security Act

Section 475 (1)(c) of the Social Security Act states that the case plan must include the health and education records of the child "...to the extent available and accessible..." How can a State meet the requirements in order to continue eligibility for Federal financial participation (FFP) if the records are not available and accessible?

Answer

If there are circumstances in which the health and education records are not "available and accessible", the State should provide written documentation in the case plan as to the reasons why this information is not available and accessible as well as the steps being taken by the State to obtain such records. For example, information that would otherwise be included may be unavailable as a result of Federal or State confidentiality restrictions. In some instances, coordination among the Department of Social Services, the Department of Education, and medical providers may be necessary in order to make them aware of this case plan requirement and to request their assistance in helping the State child welfare agency to comply with this provision.